Subpoenas

Subpoena For Witness

If attendance of a witness is desired in a pending court proceeding, or at a deposition in connection with such proceeding, any party may file a request for a witness subpoena. The request must be in writing. There is no clerk’s fee for issuance of a witness subpoena. If the party is requesting sheriff’s service, a $12.00 service fee must accompany the request for issuance of the witness subpoena.

Subpoena Duces Tecum

Any party requesting production of documents for inspection or copying may file a request for issuance of a subpoena duces tecum. There is a clerk’s fee of $5.00 for issuance of a subpoena duces tecum and if sheriff’s service is requested, an additional $12.00 service fee applies. Payment must be received by the Clerk before the subpoena will be issued.

Payments can be made by cash, check, money order or credit card. Credit card payments incur a 4% transaction fee. Cash payments should only be submitted in-person at the Civil counter.

Attorney Issued Subpoenas

Attorneys may also issue witness subpoenas and subpoenas duces tecum using forms approved by the Virginia Supreme Court. Attorney issued subpoena forms can be accessed through the Virginia Judicial System website.

A copy of the subpoena, along with the applicable Sheriff’s fee, if service is to be made by the Sheriff, must be mailed or delivered to the clerk’s office. Please state clearly whether the subpoena is for a civil or criminal case and provide the correct case number on the subpoena.

Attorney issued subpoenas requesting service by the Sheriff must be transmitted by the attorney to the Sheriff in the jurisdiction in which the subpoena will be served. The Clerk’s Office is not responsible and does not forward attorney issued subpoenas to the Sheriff or private process servers. You must include a transmittal letter, the original and one copy of the subpoena. The transmittal letter should state:

the style of the case in which the subpoena was issued;

the person to be served;

the name of the city or county in which the subpoena is to be served;

the court in which the case is pending; and

the amount of fees tendered or paid to the clerk in whose court the case is pending along with a photocopy of the payment instrument or receipt.

Please contact the Civil Division at (703) 228-7010 if you have any questions regarding these procedures.